PERSONAL INJURY CASE VALUATION

How to Value a Personal Injury Claim: Key Factors

Valuing a personal injury claim involves assigning a monetary settlement value to a case, a process that varies widely depending on factors such as state laws, the judge, opposing counsel, and the insurance carrier involved. While valuation can be a complex and subjective process, several consistent factors impact how much a personal injury claim is worth. Here are the top elements that can affect the value of a personal injury case:

1. The Injured Party’s Likability

The personal characteristics of the injured party can influence the outcome. A sympathetic victim, like a young child with a severe dog bite, may receive higher compensation than a middle-aged individual with a controversial background. Although it may seem superficial, likability plays a significant role in how juries perceive and award compensation.

2. The Defendant’s Likability and Conduct

The defendant’s behavior and reputation are critical. Is the defendant a respected member of the community, or are they absent from trial due to being untraceable by their insurance? Known as the “empty chair defendant,” an absent defendant often benefits the injured party. Additionally, more egregious or reckless conduct by the defendant can lead to higher compensation, as juries are more inclined to favor fair compensation in such cases.

3. Severity of Physical Injuries

The nature and permanence of injuries significantly impact case valuation. For example, a lost limb or other permanent disability may command higher compensation than a minor injury. How the injury affects the individual’s life and profession also matters; a leg injury, for instance, has a different impact on a professional athlete than on an office worker.

4. Pain and Suffering

Pain and suffering, both mental and physical, are vital aspects of a personal injury claim. To establish this, witness testimony can often be more effective than the injured party’s own account, as juries generally favor those who fight through hardship rather than complain.

5. Impact on Daily Life

The extent to which injuries prevent the individual from leading their usual life influences case value. The same injury can have different consequences depending on the person’s profession or lifestyle; for instance, a severe leg injury may be more disruptive for an athlete than for someone with a desk job.

6. Degree of Disfigurement

Visible injuries, such as scars, generally have a greater impact on the valuation than hidden or internal injuries. The more noticeable the disfigurement, the higher the case’s potential value.

7. Permanent vs. Temporary Injuries

The longevity of the injuries and whether they are permanent or temporary is another critical factor. Long-term or lifelong impairments typically warrant higher compensation than short-term injuries.

8. Skill and Reputation of the Attorney

Insurance companies are aware of attorneys who have a strong reputation for going to trial versus those more likely to settle. A personal injury attorney’s experience, reputation, and willingness to take cases to trial can substantially impact the compensation offered by insurance companies.

9. Attorney’s Financial Resources (War Chest)

A well-resourced law firm can invest in high-quality expert witnesses to counter the insurance company’s experts, significantly strengthening the injured party’s position. This “war chest” is crucial in complex cases that require substantial evidence and expert testimony.

10. Client’s Need for Quick Settlement

If the injured party is in immediate financial need, this can affect the claim’s value. Insurance companies may offer lower settlements if they know the claimant is struggling financially. It’s essential to approach settlement negotiations with patience to avoid undervaluing a claim.

11. Quality of Medical Care

The type of medical treatment received affects valuation. Cases with documented, multi-disciplinary medical care overseen by doctors typically carry more weight than those involving minimal care. Comprehensive care demonstrates the injury’s severity and ongoing impact.

12. Continuity of Treatment

Continuous medical treatment without significant gaps strengthens a claim. Missed appointments or long gaps in treatment may imply to defense attorneys that the injury wasn’t severe, providing ammunition against the claim.

13. Future Medical Expenses

Properly estimating future medical costs is essential. Jurors are often more willing to compensate for future medical expenses than general damages. It’s important to account for these costs in the initial claim, as there’s only one opportunity to secure compensation.

Choose an Experienced Personal Injury Attorney

When you’re injured, you have one chance to secure fair compensation. Experienced personal injury attorneys are essential for navigating the complexities of personal injury law. With a background in litigation and the resources to advocate effectively, our team is prepared to tell your story and fight for your rights.

Contact Jacob S. Gunter for a free consultation to discuss the details of your personal injury case.

Phone: (801) 373-6345

Choosing an experienced Utah car accident lawyer is critical to getting fair and reasonable compensation on your injury claim.